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(영문) 의정부지방법원 2013.04.23 2013고단678
공무집행방해
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On June 1, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Jung-gu District Court, and completed the execution of the sentence in the Jung-gu prison on October 26, 201. On March 22:30, 201, the Defendant was a person who was under the influence of alcohol at the D police box located in the Namyang-si Si, Namyang-si, and was under the influence of a disturbance, such as spiting down on the floor of a sound, “fright of fright of a fright of a fright of a fright of a fright of a fright of a fright of a fright”, while

1. Between 23:44 and 23:46 of the same day as the obstruction of the performance of official duties of patrolmen, the police officers of the Gyeonggi-nam Police Station Do Police Station recommended the patrolmen to restrain the Defendant’s behavior and to return home at the D police box, and assaulting the police officers to display their body one time with the left shoulder and shoulder of E, and continuing to do so with the left hand of the patrolmen;

2. When a policeman F, at the police box around 23:53 on the same day as the obstruction of the performance of official duties against F, solicits the defendant to return to his/her house at the same police box, assaulting the police officer F, on one occasion by taking the right side of his/her port hand, and assaulting him/her on one occasion.

3. At around 23:59 on the same day of the obstruction of the performance of official duties in relation to slope G, a police officer E, F, and slope G’s legitimate execution of duties in relation to the prevention and suppression of crimes, by assaulting him/her at the left hand, when he/she gets off his/her clothes while avoiding the disturbance, he/she obstructed the Defendant’s behavior.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. The police statement concerning F;

1. E statements;

1. One on-site photograph or CCTV screen CD;

1. Previous records: Criminal records, personal records, current status of confinement for each individual, and application of three copies of written judgments;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The defendant's assertion of mental disorder under Article 35 of the Criminal Act among repeated crime victims.

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